ضامن کب زر ضمانت کی ادائیگی کا پابند ہو گا execution of decree, surety, liability arrest

2025 CLC 1820
مدیون کی گرفتاری کے باوجود ضامن مدیون ڈگری ادا کرنے کا پابند رہے گا
Law is well settled about proposition that decree can also be executed against a surety. Arrest of judgment-debtor does not absolve the surety from making payment of decretal amount as his liability is joint and several with the judgment-debtor. Surety can be proceeded against for enforcement of his liability as provided under Section 45 CPC.
There is no cavil with the proposition that stipulation(s) and / or words in surety bond must be read in their ordinary meaning and when words contained therein are unambiguous, there is no reason to apply any other to its construction.
WP 29329/20
Mehboob Alam Vs Additional District Judge etc
ضامن زر ڈگری ادا کرنے کا پابند ھے
2023 CLC 702

A reading of provision of S.145 CPC clearly reflects that when a person becomes surety for performance of any decree or its part, or restitution of any property taken in execution of decree or payment of any money under an order of the Court in any suit or proceedings, the decree can be executed against him, to the extent for which surety has rendered himself personally liable in the manners, therein. The wording in section 145 of the Code, “to the extent of which he has rendered himself personally liable”, depict that it is imperative to see the stipulation(s) in the bond that surety has filed to ascertain the extent to which surety has rendered himself liable.